Order

P and N Ceramics v. Issac Sebastian

  • Order

Consumer Protection Act, 2019 – Application for issuance of a commission for local inspection – Held, the District Consumer Disputes Redressal Commission constituted under the Act is empowered to issue commissions for local inspection. 2021 (5) KCC 290 : 2021 (5) KHC 572

Halvi K.S. v. Union of India

  • Order

Epidemic Diseases Act, 2021 (Kerala, Act 4 of 2021) – the authority constituted under the district level and even micro level have a duty and obligation to see that required and adequate steps are taken to protect the welfare and interest of the public, by issuing appropriate orders/notifications/guidelines, which is a mandatory requirement under law, in order to tide over the present COVID-19 pandemic situation. 2021 (5) KCC 271

State v. Syed Shaikoya

  • Order

Code of Criminal Procedure, 1973 – Ss. 197 & 239 – Prevention of Corruption Act, 1988 – Ss. 7, 12 & 13(1)(d) r/w. 13(2) – Penal Code, 1860 – Ss. 468, 471, 420 & 120B – The Directorate of Education of the Union Territory of Lakshadweep had directed to supply, free of cost, ready-made uniforms to the school children for the academic year 2005-06 – Allegation against accused 4 and 8 is that they blindly accepted the certificate issued by Accused No.9 without conducting inspection of the uniform materials and consequently, sub-standard materials happened to be purchased – The prosecution has no case that accused 4 and 8 were experts in the field to assess the quality of dress materials – When accused 4 and 8 agreed with the report given by the expert member, it cannot be found that their act had no reasonable connection with their official duties. Therefore, it was necessary to obtain sanction under Section 197 of the Code for prosecution against them. Cognizance of the offences taken against them, without such sanction, was bad in law. 2021 (5) KCC 9

M. Sulfiker v. State of Kerala

  • Order

Prevention of Corruption Act, 1988 – Framing of Charge – In order to frame charge against the accused, a strong suspicion is sufficient. A microscopic examination of the materials produced by the prosecution is not warranted at that stage. The evaluation of the materials produced by the prosecution shall be conducted by the court only for the limited purpose of finding out whether any prima facie case is made out against the accused. 2021 (5) KCC 6

Pomsy Food Products v. Union of India

  • Order

Constitution of India – Article 226 – Court cannot waive the payment of interest, which is statutory. Such relief, if at all it can be granted, will be a relief in equity – Equity cannot operate against statutory law. 2021 (5) KCC 5

Thankappan Achary v. State of Kerala

  • Order

Dying Declaration – Principle behind the admissibility of the dying declaration – “Nemo moriturus praesumitur mentire” – “A man will not meet his maker with a lie in his mouth” – The reason which lends credibility to the dying declaration is that, ‘a sense of impending death produces in a man’s mind the same feeling as that of a conscientious and virtuous man under oath’. 2021 (5) KCC 2

M.K. Salim v. State of Kerala

  • Order

Environment (Protection) Act, 1986 – Sections 3(1) and 3(2)(v) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – Environmental Impact Assessment (EIA) notification – Environmental Clearance (EC) – State Environmental Impact Assessment Authority (SEIAA).